Planning and Environment Court Bill 2015
Plain English Summary
Overview
This bill gives the Planning and Environment Court its own stand-alone Act instead of being buried inside the Sustainable Planning Act 2009. It keeps the existing court running, pairs with the Planning Bill 2015 to handle development disputes, and encourages more use of mediation and other alternative dispute resolution to settle cases faster and more cheaply.
Who it affects
Anyone appealing a planning decision - including residents objecting to nearby developments, developers, community groups and local councils - plus the judges, registrars and lawyers who work in the court.
Key changes
- Creates a single, dedicated Act for the Planning and Environment Court, pulling its rules out of the Sustainable Planning Act 2009
- Writes the court's guiding principles into law: cases must be resolved justly and quickly, avoiding undue delay, expense and technicality
- Keeps 'de novo' appeals so the court can re-decide planning decisions on the full merits, not just review the original decision-maker
- Sets a default rule that each party pays its own costs, with costs orders available for frivolous, vexatious or improperly motivated cases
- Allows more than one ADR registrar to be appointed to run mediations and decide certain matters without a full trial
- Makes it a contempt offence to disobey a court order, with the same powers as a District Court judge
- Continues existing judges, orders, directions, proceedings and the 2010 Court Rules through transitional provisions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Nov 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
▸Second Reading11 May 2016View Hansard
▸13 members spoke13 support
As Deputy Premier and Minister for Planning, introduced the three government planning bills to replace the Sustainable Planning Act 2009 with a simpler, more transparent framework featuring bounded code assessment, restored appeal rights without adverse costs, and stronger heritage protections.
“The Palaszczuk government is committed to delivering, through these planning bills, a planning framework that is good for all Queenslanders, with more transparency, tighter decision rules for councils and greater certainty about development.”— 2016-05-11View Hansard
As shadow planning spokesman, stated the LNP would not oppose the government's planning bills while acknowledging the reform process was initiated by the previous LNP government, though flagging amendments on specific issues including costs provisions for court appeals.
“I want to say from the outset that the LNP opposition will not be opposing the government's bill. However, I do flag that we will be moving some amendments during the consideration in detail.”— 2016-05-11View Hansard
As a committee member, supported the government's planning bills, emphasising the importance of community engagement, transparency in planning decisions, and the restoration of appeal rights without adverse costs.
“Planning matters. It provides the basis for securing the livability, sustainability and prosperity of our communities both now and into the future.”— 2016-05-11View Hansard
As the former Deputy Premier who initiated the planning reform process in 2012, supported the bills' passage while noting the reforms were motivated by genuine need to simplify an overly complex system rather than reversing predecessor policies.
“This process started shortly after we came to power in the 2012 election. It was a major reform to the planning process in Queensland. It was not reform for reform's sake.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising the importance of planning for communities and the suite of improvements including infrastructure charging, transparency and community engagement.
“The suite of government bills will influence how our society will look into the future and will set the framework for how we proactively address the challenges that we face on that journey into the future.”— 2016-05-11View Hansard
Supported the planning reform while raising concerns about the removal of adverse costs provisions for court appeals, arguing this could be used by commercial competitors and vexatious litigants to delay development.
“The LNP opposition will not be opposing the government's bill.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising the restoration of appeal rights without adverse costs as allowing ordinary citizens to participate in the planning system without fear of prohibitive legal costs.
“Tonight, I support David, the mums and dads, the little guy who should not be afraid of appealing a development on the basis of a risk that they may have to pay their opponent's legal fees.”— 2016-05-11View Hansard
Supported the planning reform, speaking from a regional perspective about the importance of balanced planning that supports economic development while protecting community interests.
“The LNP opposition will not be opposing the government's bill.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising transparency, community engagement and the removal of adverse costs for planning appeals.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Supported the government's planning bills as delivering a simpler, more transparent planning framework with greater community participation.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Supported the planning reform, having been involved in the earlier reform process as part of the LNP government, while raising concerns about specific aspects including costs provisions.
“Both sides of politics should work together to ensure that, with the passage of these bills, we get the best outcomes for the continued prosperity of Queensland.”— 2016-05-11View Hansard
Supported the government's planning bills as delivering greater transparency and community engagement in planning decisions.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising the importance of planning reform for growing communities like Ipswich.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Referenced Entities
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Sectors Affected
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